A 31-year-old man will spend the next 20 years behind bars after he was found guilty of defiling his 15-year-old niece.
Collins Kipkemboi Kipkechem was accused of committing the crime in Chesamach forest, Kilingot village, Ossen Location, Baringo North sub-county, within Baringo county.
In a ruling made at the Kabarnet Law Courts, the prosecution, led by Counsel Sidney Koech and Rebecca Bartilol, successfully proved the case against the accused beyond reasonable doubt.
The prosecution narrated to the court how on diverse dates within the month of October 2024, between 11am and 4pm, the accused person lured the victim to the forest under the pretense of collecting firewood.
The court heard that it was while in the forest that the accused took advantage of the minor and forcefully defiled her.
He then threatened to kill her if she ever disclosed to anyone what had happened.
The prosecution called four witnesses, including the victim, along with crucial evidence and medical examination reports, all substantiating the claims of defilement.
In delivering the sentence, Justice Edwin Mulochi highlighted the violent nature of the offence, the breach of trust involved, the psychological trauma inflicted on the victim, and the minimum sentencing requirements under the law.
Further, he underscored the seriousness of the offence, the long-lasting impact on the victim, and the importance of imposing a strong deterrent to discourage similar crimes in the future.
According to the Sexual Offences Act, a person who commits an act that causes penetration with a child is guilty of an offence termed defilement.
The severity of punishment varies depending on the age of the victim.
The law says a person who commits an offence of defilement with a child between the ages of 12 and 15 years is liable, upon conviction, to imprisonment for a term of not less than 20 years.
A person who commits an offence of defilement with a child between the ages of 16 and 18 years is liable, upon conviction, to imprisonment for a term of not less than 15 years.
However, a person who commits an offence of defilement with a child aged 11 years or less shall, upon conviction, be sentenced to imprisonment for life.
However, it is an acceptable defense if it's proved that such child deceived the accused person into believing that he or she was over the age of 18 years at the time of the alleged commission of the offence; and the accused reasonably believed that the child was over the age of 18 years.
